Direct, Indirect, State Liability etc

Question 1

Van Gend/Van Gend Criteria

Answer 1

Established treaties are directly effective. Clear, precise and unconditional

Question 2

Costa

Answer 2

EU law supreme over national law

Question 3

Simmenthal

Answer 3

Individual gain rights at the cost of member state’s supremacy

Question 4

Defrenne

Answer 4

Treaty article have both horizontal & vertical effect

Question 5

Van Duyn, Dori & Marshall

Answer 5

Directives have only vertical effect

Question 6

Proportionality

Answer 6

Only what is necessary

Question 7

Direct Effect of Directives

Answer 7

Incorrectly implemented (Ratti)
Implementation date passed (Ratti)
Implemented partially or incorrectly
Correctly implemented but incorrectly applied that it fails to achieve the desired effect (Marks & Spencer)
Against state or emanation of the state (Marshall & Doughty)

Question 8

Foster Criteria

Answer 8

Public body
Under state control
Has special powers

Question 9

Conditions for Indirect Effect to be applied

Answer 9

1. Implementation date must have passed (Ratti)
2. Can apply vertically & horizontally
3. National legislation can be interpreted regardless of whether it was passed before or after the directive (Marleasing)
   4.

Question 10

I.E authority for vertical & horizontal effect

Answer 10

V - Von Colson & H - Harz

Question 11

Marleasing

Answer 11

National legislation can be interpreted regardless of whether it was passed before or after the directive:
Provided it doesn’t:
a) It doesn’t leave individuals in criminal proceedings worst off
b) Conflict with general principles of EU law
c) Does not distort meaning of the original legislation (Wagner-Miret, Webb)

Question 12

Wagner-Miret, Webb

Answer 12

Not distorting meaning of the original legislation

Question 13

Francovich

Answer 13

State Liability: Where individuals can receive compensation if they’ve suffered a loss due to MS failure to fulfill their obligations under EU law

Question 14

Brasserie & Factortame no.3

Answer 14

Breach of Directive by partial implementation

Question 15

Dillenkofer

Answer 15

Failure to implement a Directive is a sufficiently serious breach

Question 16

Remedies

Answer 16

Damages

Injunctions